REGULAR MEETING
September 10, 1979
The Regular Meeting of Council was held on September 10, 1979 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
ADDITIONAL AGENDA ITEMS
Councilman McDonough requested an additional agenda item to discuss possible cancellation of the October 8, 1979 Council Meeting.
CANCELLATION OF OCTOBER 8, 1979 REGULAR COUNCIL MEETING
Mr. McDonough addressed Council on the possibility of canceling the Regular Council Meeting of October 8, 1979, explaining that most state agencies and private industries would celebrate the Columbus Day Holiday.
Mr. Witt stated that the schools would be open and objected to the cancellation due to Council business that seems to pile up, resulting in a lengthy meeting on October 22, 1979.
It was noted that no public hearings were scheduled for October 8, 1979.
Mr. Bewick moved that the Regular Council Meeting of October 8, 1979 be eliminated, seconded by Mr. McDonough.
Reminding Council that the City Manager publishes a schedule of holidays at the beginning of the year, Mr. McDonough suggested that the City Manager’s office take into consideration those holidays for recommending the re-scheduling of Regular Council Meetings.
By a voice call vote of seven (7) yes, one (1) no (Mr. Witt), the October 8, 1979 Council Meeting was eliminated.
MINUTES
Mr. Weyandt referred to a letter received from the Office of the City Clerk, dated July 16, 1979, informing Council that action taken in their meeting of July 9, 1979 on a sewer assessment policy reflected that the policy was approved by a vote of four (4) yes, three (3) no. The letter pointed out that the policy was not adopted since a majority of Council elected, that being five, is necessary to approve any resolution, ordinance or order. This opinion was in concurrence with that of the City Solicitor.
In retrospect, the Regular Council Minutes of August 27, 1979, under “Customer Deposits - Water and Sewer Bills” reflect that a Utility Committee recommendation not to charge deposits to water and sewer customers was approved by a vote of four (4) yes, three (3) no.
Mr. Weyandt stated that this would also require a vote of five (5) for approval, therefore, this portion of the minutes should be corrected.
Mr. Bewick moved to approve the Minutes of August 27, 1979, as corrected by Mr. Weyandt, seconded by Mr. Weyandt and unanimously carried. The Minutes bore the written approval of Mayor Legates.
Mr. Weyandt moved to refer the matter of Customer Deposits - Water and Sewer Bills, to the Utility Committee for further consideration, seconded by Mr. Hardcastle.
Mr. Witt stated that the motion would only facilitate a rehashing of matters previously discussed on the subject.
By a vote of seven (7) yes, one (1) no (Mr. Witt) the motion for referral to the Utility Committee was approved.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on September 4, 1979 at 7:45 p.m. with Chairman Hardcastle presiding.
Proposed Ordinance - Bicycles/Skateboards - Sidewalks - Downtown Business Area
The committee discussed the problem of bicycles and skateboards on sidewalks in the downtown area, directly related to the construction of sidewalks and ramps.
Chief Klenoski informed the committee that State Code prohibits bicycles on sidewalks in a business district, but enforcement of the Code would entail the jurisdiction of Court #7. It was his recommendation that Council pass an ordinance that could be enforced with the regular City summons involving a $3.00 fine which would be paid at the City Police Department.
The committee unanimously approved the recommendation of Chief Klenoski.
Mr. McDonough asked if it would be necessary to post the downtown area since a conglomeration of like signs would detract from visual appearance.
Chief Klenoski stated that bicycles are permitted on sidewalks in other areas of the City. It was his feeling that it would be unfair not to post the downtown business district as a specific location where bicycles are not permitted.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Substitution of Yield Signs for Stop Signs in Developments
Relating to a request by Councilman McDonough for a survey of developments to determine the feasibility of replacing some stop signs with yield signs, Mr. Hardcastle advised that the committee recommended that this not be initiated since the Police Department survey ruled that all intersections remain as posted.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Muir and unanimously carried.
Stop Signs - Freedom Drive/Independence Boulevard
Mr. James M. Lee of 640 Independence Boulevard, with a number of area residents, was present to request stop signs at the intersection of Freedom Drive and Independence Boulevard. Mr. Lee informed the committee that the intersection is utilized as a school bus stop, involving approximately 35 school children. He injected his great concern for the safety of the children since Independence Boulevard is an exceptionally wide road and used by area residents, some traveling at very excessive speeds.
After hearing various complaints related to the subject, it was the recommendation of the committee that an ordinance be drawn that would install a stop sign on the northwest corner and southeast corner of the intersection of Independence Boulevard and Freedom Drive.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Muir and unanimously carried.
Mr. Witt moved for adoption of the Safety Advisory Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
REZONING REQUEST - CLARENCE AND JUANITA LOVEGROVE - 875 S. GOVERNORS AVENUE
A request was received from Clarence and Juanita Lovegrove to rezone their property at 875 South Governors Avenue from R-8 to RG-0. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Bewick, seconded by Mr. McDonough, Council unanimously adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF THE SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located 875 S. Governors Avenue are presently zoned for R-8 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on October 22, 1979 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from R-8 to RG-0 that property located at 875 S. Governors Avenue, owned by Clarence and Juanita Lovegrove.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED SEPTEMBER 10, 1979
ELECTRIC BUDGET BILLING
Mr. Mogan reported 61 responses requesting information on electric budget billing since Council’s action of July 9, 1979 initiating same. There are now 24 active accounts under budget billing, with 37 pending.
Questioned by Mr. Weyandt, Mr. Mogan stated that the individual budget billings are based on past experience with the account with a forecast factor for increased fuel costs.
DOVER VERSUS D. P. & L. RESIDENTIAL ELECTRIC RATES
The City Manager submitted a graph depicting electric rate variances of the City of Dover and D. P. & L. The graph revealed that D. P. & L.’s rates were 20% higher with a consumption of 300 kilowatt hours, 32% higher with a consumption of 1,500 kilowatt hours and 25% higher with a consumption of 2,500 kilowatt hours.
SEWER ASSESSMENT - LEIPSIC ROAD AND PERSIMMON TREE LANE
A public hearing was duly advertised for this time and place to consider the front foot assessment charge for installation of sewer mains on Leipsic Road and Persimmon Tree Lane. Mayor Legates declared the hearing open.
Mr. John J. Ferrier of 416A Persimmon Tree Lane, was present stating that little progress has been made by the City towards solving the problem of an exorbitant price for sewer construction.
He observed that several businesses have began using the Leipsic Road Persimmon Tree Lane sewer without paying construction costs. He added that the present residents of the area could only produce 1/10 of the volume of sewage built into the design of the line. He stated that this fact is understandable since the line was constructed allowing for future expansion of the area. Mr. Ferrier stated that this means that future users do not pay their share of construction costs.
Mr. Bewick reminded Mr. Ferrier that property owners on Leipsic Road and Persimmon Tree Lane did not pay any of the costs for construction of the sewer main now tapped by Dover Downs. This cost, is fact, was absorbed by the City of Dover.
Questioned by Mr. McDonough, Mr. Mogan stated that the inequities formerly discussed, which dealt with properties containing a narrow frontage and long depth has been modified in the policy formerly presented to Council.
Mayor Legates declared the hearing closed.
Mr. Bewick moved that the sewer main installation on Leipsic Road and Persimmon Tree Lane, known as Project #72-A, be assessed at $13.91 per front foot, incorporating a ten year pay back clause. The motion was seconded by Mr. Carson. By a roll call vote of (8) yes, Council approved the recommendation of the Utility Committee to set the above mentioned front foot charge and assessment and the method of payment as outlined in the ordinance adopted by Council on August 27, 1979.
PUBLIC HEARING - PROPOSED AMENDMENT TO ARTICLE 3, SECTION 1, PART 1-15 (d) - NUMBER OF FOWL PERMITTED
A public hearing was duly advertised for this time and place to consider an amendment to the zoning ordinance, specifically Article 3, Section 1, part 1-15 (d), striking the following words, “and not more than 25 fowl shall be permitted”. Mayor Legates declared the hearing open.
There was no one present to speak for or against the proposed amendment and no correspondence.
Mr. Roe explained that the proposed amendment stems from complaints that originated in the Edgehill area due to one resident who houses 25 to 30 chickens. To his knowledge, complaints have not been filed from any other area of the City.
In amending the zoning ordinance, allowing no fowl within the corporate limits of the City of Dover, the Planning Commission recommended that the matter be put to public hearing, allowing input from all concerned.
Questioned by Mr. McDonough, Mr. Roe stated that the restriction on fowl would effect only residential zoning (R-7 - R-20 inclusive). Farmland and commercial zoning would be exempt.
Mayor Legates declared the hearing closed.
Mr. Hardcastle moved that the amendment to the zoning ordinance that would prohibit fowl within the corporate limits of the City of Dover be denied. The motion was seconded by Mr. Carey. By a roll call vote of five (5) yes, three (3) no (Mr. McDonough, Mr. Witt and Mr. Bewick) and amendment to the zoning ordinance that would prohibit fowl in the City of Dover was denied.
MAYFAIR SUBSTATION - ELECTRICAL OUTAGES
City Manager Mogan reported that of the 27 to 30 electrical outages since January 1979, five of these electrical interruptions have effected Mayfair and Crossgates.
His report from the Electric Department has revealed an upgrade of the system, with replacement of enclosures, installation of a 10 megawatt transformer and an additional circuit to separate Mayfair from Crossgates which would reduce the sections effected by an outage in the area.
Mr. Mogan stated that most of the outages are due to trees that damage the system. The program for trimming trees in close proximity to electric lines will be escalated in the future. In addition, he reported that an engineering specialist on distribution, fusing and sectionalization has been engaged to inspect the system. Hopefully, this will begin on September 11, 1979.
PROGRESS REPORT - RENOVATION - MARTHA LAWHORN PROPERTY - 320 W. DIVISION STREET
Mr. Roe reported that the Martha Lawhorn property, located at 320 W. Division Street, has been sold to Joseph W. Burden. A building permit has been issued and work has begun on renovation.
SAMUEL MOSLEY PROPERTY - 18 NORTH KIRKWOOD STREET - PROGRESS REPORT
Mr. Roe stated that no building permit has been issued for the Samuel Mosley property, located at 18 North Kirkwood Street. Upon notice of possible demolition, Mr. Mosley stated that the property was being transferred to Coleman and Elaine Mosley who had planned to renovate the existing structure to City of Dover standards.
He requested additional time to investigate any progress in the transfer of the property for a report back to Council at the next Regular Meeting.
CORRESPONDENCE
East Loockerman Street - Traffic Complaint - Petition
A petition containing approximately 60 names from residents of East Loockerman Street, complained of existing traffic problems and pointed out numerous resulting accidents.
Mr. McDonough moved for referral to the Safety Advisory Committee, seconded by Mr. Bewick.
Mr. Bewick stated that this matter would involve a detailed, engineering type study by Chief Klenoski. He suggested that this analysis be performed prior to the Safety Advisory Committee meeting.
By a voice call vote, the matter was referred to the Safety Advisory Committee.
Mr. Witt moved for adjournment, seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 8:36 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of September 10, 1979, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
September 17, 1979
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